MINUTES

It
was moved by Councilman Candarella, seconded by Councilman Joho, and
carried that the minutes of the Work Session of January 25 and the Regular
Council Meeting of January 26, 2011 be dispensed with and approved as
submitted. (Copies furnished each Council Member prior to the meeting.)

COMMUNICATIONS
AND PETITIONS:

A
check was received from Comcast for the use of municipal rights-of-way
for Year 2010 in the amount of $44,559.37.

Payment
of $49,325.02 was received from Verizon for 2010 Franchise Fee.

Letter
of resignation received from John Hathaway as Senior Citizen Handyman.

Letter
from NJ Department of Transportation announcing the award of a $190,000
NJDOT Fiscal Year 2011 Municipal Aid Program grant for Washington
Ave.

Letter
from Mayor Fiamingo appointing Vincent Badali as Alternate #4 on the
Planning Board for a one year unexpired term.

Letter
from Shirley Boyden Maxwell, President, Kenilworth Historical Society,
asking for a letter of recommendation for upcoming grant applications
and reporting that the Nitschke House is among only six preservation
projects in the entire State to be featured as “success stories in
the New Jersey Historic Preservation Plan for 2011-2016”.

REPORTS

1. Police Department Report
for the month of January, 2011

2.Construction Report for
the month of January, 2011.

3.Borough Clerk’s Report
for the month of January, 2011

4.Fire Department/Rescue
Squad Report for the month of January, 2011.

It
was moved by Councilman Joho, seconded by Councilman Corvelli, and carried
that the above communications be received and filed and any money amounts
indicated be spread over the minutes.

Council
Meeting – February 9, 2011
Page 2

REPORT
OF COMMITTEES

Mayor
Fiamingo reported that last meeting the videographer was not present
due to the weather. She reported that the Borough has received a grant
from the New Jersey Department of Transportation for $190,000.00 to
improve Washington Avenue and we were also successful in obtaining another
grant of almost $151,000.00 for Clean Energy improvements. This grant
will be used throughout eight different Borough buildings, including
the Senior Citizen Center, Library, Borough Hall, Fire Department and
other buildings. We also received another $20,000.00 Block Grant to
help implement those improvements. She said that is $171,000.00 in
clean energy improvements which will be very helpful.

The
Mayor reported she received a letter from the Union County Advocacy
Group which reminds everyone that if you own a parking lot or you have
handicap accessible spots that you are responsible for, State law requires
that you clear the snow within 24 hours or a fairly hefty fine will
be imposed. She said those areas need to be made accessible for handicapped
individuals. The Mayor reported that the Shared Services Summit that
was supposed to be held last week was postponed until March 2nd
and that she and some other Councilmember’s will be attending.
The meeting is being chaired by the County and hopefully we will be
able to save some funds. She said she met with the Mayor and Clerk
in Roselle Park to talk about some ideas about shared services. We
are only in the beginning of the talks and hopefully we will be able
to have some reduction in costs to the Borough with better services.

DEPARTMENT
OF FINANCE

Councilman
Joho reported the Finance Committee has reviewed all the Department
Budget proposals and has provided recommendations to the Council. They
will be meeting with the Borough Auditor shortly after that he will
have more updates.

DEPARTMENT
OF PUBLIC WORKS

Councilman
Corvelli said hopefully we are done with the snow. The DPW will be
filling in potholes and curbside brush pick up will resume. He said
one of the DPW trucks caught fire after 32 hours of plowing and they
are getting quotes. He said this can be settled with Capital if we choose
to do so. Councilman Corvelli asked everyone to please get your cars
off the street if we have another snowstorm because it would help with
plowing. He said the plows were not able to pass through the streets.
He said he will field complaints about the snow as they come in. He
said the DPW is doing a great job.

The
Mayor said we all have to pull together and figure out what to do the
next time it snows because we cannot have this kind of mess with cars
parked and people throwing snow back into the street. She said if we
do not pull together we will have to start enforcing things that we
do not want to so we should try and work together as a community so
that we can have our fire trucks, plows and ambulances be able to get
through the streets in the event there is a problem.

Council
Meeting – February 9, 2011
Page 3

DEPARTMENT
OF PUBLIC SAFETY

Councilman
Pugliese reported he has received the reports from the Police Department
and the Detective Bureau. The Police Department applied for a grant
and was approved for $5,000 for DWI enforcement. He gave kudos to Chief
Grady and Lt. Fennes who applied for the grant. The Detective Bureau
assisted in digging out cars that were stuck due to the snow and they
also provided backup for the Patrolman. The Police Department and the
Detective Bureau both assisted in digging out the parking lot behind
Borough Hall.

DEPARTMENT
OF PLANNING, ZONING & ORDINANCES

Councilman
Candarella reported we are losing our Senior Handyman, John Hathaway
and he wished Mr. Hathaway good luck in his future endeavors. He said
the program stays and they will be looking for a new handyman. He said
January 20th the Revision Committee met to discuss items
that were brought up at the public meeting and on February 3rd
a revised plan was presented to the Planning Board, they reviewed it
and had some changes and those changes have been incorporated. The
Councils has received it and is reviewing it and on February 24th
we are going to have another open public meeting. He said the meeting
has been advertised in the newspaper as well as on the web site. He
said this time he hopes that when the public steps up to speak they
would have at the very least read the plan. He said people should spend
time reading the master plan and not be relying on what they heard or
what their neighbor said so that they can come up with good questions
and/or comments. He said we will be there to listen to the comments
and take them all into consideration. The Master Plan is available
at Borough Hall as well as the web site.

DEPARTMENT
OF RECREATION AND FIRE

Councilman
Leary was absent

DEPARTMENT
OF HEALTH, EDUCATION & WELFARE

Councilman
Klinder reported on Saturday, March 11th at 7:00 PM the Library
will have a celebration of Irish culture and space is limited and pre
registration is required. The program will consist of Irish music,
poetry and dramatic monologues. The program is free and open to the
general public. On March 20, 2011 from 1PM to 3PM there will be a free
Rabies Clinic at the Fire Department. Cats should be in a crate and
dogs must be leashed.

Consolidated
Bill List appears on the following pages. (copy attached)

CONSENT
AGENDA

Resolutions
No. 1 thru 8 are listed on Consent Agenda and will be enacted by one
motion in the form listed below. All items will be recorded individually
in full in the minutes.

Councilman
Klinder moved that all items under Consent Agenda be approved, seconded
by Councilman Candarella. Upon roll call the vote was unanimous.

Council
Meeting – February 9, 2011
Page 4

ORDINANCES
AND RESOLUTIONS

RESOLUTION
NO. 1

BE
IT HEREBY RESOLVED: That all bills be paid when properly audited
and funds are available.

RESOLUTION
NO. 2

WHEREAS,
the Borough of Kenilworth held a tax sale on June 4, 2009 for delinquent
2008 property taxes, and a tax lien was purchased by Royal Tax Lien
Services, LLC on property located at 20 Market Street Avenue, Kenilworth,
NJ, and

WHEREAS,
the owner of said property has satisfied said lien, together with interest
and costs by payment of amount due at the Office of the Collector of
Taxes, and

WHEREAS,
the Lienholder paid to the Collector of Taxes a premium in the amount
of $85,000.00 and since the statutory period of five years has not passed,
these funds must also be returned.

NOW,
THEREFORE BE IT RESOLVED: That the Treasurer be and is hereby authorized
to draw a warrant to the named Lienholder as follows, To be refunded
upon receipt of the original Certificate of Sale #09-00010 by the
Collector of Taxes:

Royal
Tax Lien Services, LLC

Crusader
Servicing Corp.

115
West Avenue, Suite 300

Jenkintown,
PA 19046

REDEMPTION
AMOUNT

$89,988.12

PREMIUM
TRUST ACCOUNT

$85,000.00

RESOLUTION
NO. 3

WHEREAS,
it shall become necessary to expend for some of the purposes specified
in the budget appropriation of the respective sums appropriated,
and

WHEREAS,
there is an excess in one or more appropriations over and above
the amount deemed necessary to fulfill the purpose of such appropriation,
and

WHEREAS,
N.J.S. 40A: 4-58 provides for the transfer of such amounts deemed
in excess to appropriation for the amount of which are deemed
to be insufficient to fulfill purposes of such appropriation,
and

Council
Meeting – February 9, 2011
Page 5

WHEREAS
the transfers about to be authorized do not effect any appropriation
to which or from transfers are prohibited under statute,

NOW,
THEREFORE BE IT RESOLVED: That the following be approved and
the Chief Financial Officer be and is hereby authorized to make
the following transfers in the 2010 Municipal Budget.

FROM

0-01-20-710-028

ASSESSOR
– OTHER PROF. SERVICES

3,700.00

SUBTOTAL

3,700.00

TO

0-01-31-430-074

UTILITIES
– GASOLINE & DIESEL FUEL

3,689.90

0-01-36-836-000

STATUTORY
– CONTRIBUTION TO P.E.R.S.

10.10

SUBTOTAL

3,700.00

RESOLUTION
NO. 4

WHEREAS,
John Joseph Fagan has been involved in Scouting for ten years; and

WHEREAS,
John Fagan is in Boy Scout Troop 83 in Kenilworth.

WHEREAS,
John Fagan has achieved the rank of Eagle Scout which is the highest
rank in Scouting; and

WHEREAS,
John Fagan completed all 21 required Merit Badges and a community service
project which involved renovations to the Girl Scout House in Union;
and

WHEREAS,
John Fagan is the sixth Scout in Troop 83 to achieve Eagle Rank; and

WHEREAS,
John Fagan is also involved in numerous areas outside of Scouting; and

WHEREAS,
John Fagan will be presented his Eagle Award at the Court of Honor on
March 6, 2011.

NOW,
THEREFORE, BE IT RESOLVED: That the Mayor and Council of the Borough
of Kenilworth congratulate John Fagan upon attaining the Eagle Scout
Rank and also commend his involvement and commitment to the other activities
in which he is involved.

Council
Meeting – February 9, 2011
Page 6

RESOLUTION
NO. 5

BE
IT HEREBY RESOLVED: That the Borough
Clerk be authorized to issue the following Raffle Licenses:

#1004
Kenilworth Historical Society for a On-Premise 50/50 Raffle on February
26, 2011 at North 22nd Street, Kenilworth, NJ

RESOLUTION
NO. 6

BE
IT HEREBY RESOLVED: That the contract for “Preventative Maintenance
for the Elevator at the Municipal Building” be awarded to ZIP
SYSTEMS, INC. for a two (2) year period (2011 & 2012) at a cost
of $185.00 per month

BE
IT FURTHER RESOLVED: That pursuant to N.J.A.C. 5:34-5.1 et seq.,
Local Public Contracts Law, the required Certificate of Availability
of Funds has been obtained from the Chief Finance Officer of the Borough
of Kenilworth. The appropriation to be charged for this expenditure
is Building and Grounds-Maintenance of Other Equipment: 1-01-26-772-026

Certification
of Funds

Date
________________________________

Appropriation:

_____________________________________

_____________________________________

Treasurer

RESOLUTION
NO. 7

BE
IT HEREBY RESOLVED: That the contract for “Preventative Maintenance
for the Elevator at the Senior Citizen Center” be awarded to ZIP SYSTEMS,
INC. for a TWO (2) year period (2011 &2012) at a cost of $180.00
per month

BE
IT FURTHER RESOLVED: That pursuant to N.J.A.C. 5:34-5.1 et seq.,
Local Public Contracts Law, the required Certificate of Availability
of Funds has been obtained from the Chief Finance Officer of the Borough
of Kenilworth. The appropriation to be charged for this expenditure
is Building and Grounds-Maintenance of Other Equipment: 1-01-26-772-025.

Certification
of Funds

Date________________

Appropriation:

____________________

____________________

Treasurer

Council
Meeting – February 9, 2011
Page 7

RESOLUTION
NO. 8

RESOLUTION
TO JOIN

NEW JERSEY SUSTAINABLE ENERGY

JOINT MEETING

WHEREAS, Local Units of the State of New Jersey are authorized
to enter into a joint contract to provide for the formation of a joint
meeting for the joint procurement of natural gas, electricity and other
forms of energy as permitted by N.J.S.A. 40A:65-14 et seq.; and

WHEREAS, the statutes regulating the creation and establishment
of a Joint Meeting contain a mechanism for local units to aggregate
their collective energy consumption in order to negotiate and contract
for energy in a cost-effective, environmentally sensitive manner, furthering
the public interest entrusted to such a Joint Meeting; and

WHEREAS, the governing body of the Borough of Kenilworth has
determined that membership in the Joint Meeting is in the best interest
of the Borough of Kenilworth.

NOW
THEREFORE, BE IT RESOLVED,
that the governing body of the Borough of Kenilworth does hereby resolve
and agree to become a member in the New Jersey Sustainable Energy Joint
Meeting (NJSEM) for the purpose of joining with other Local Units in
the State to aggregate purchasing power of energy so as to achieve financial
savings and to encourage Local Units to cooperate in seeking ways to
jointly implement sustainable energy alternatives;

BE
IT FURTHER RESOLVED that the
Mayor is authorized to execute the Joint Contract Joinder Agreement,
attached hereto, and that Robert Ordway is hereby designated to represent
the Local Unit as a member of the State Management Committee of the
NJSEM; and

BE
IT FURTHER RESOLVED that the
Mayor is authorized and directed to execute such other documents signifying
their membership in the NJSEM, and make payment of the Initial Membership
Fee of $300 as required by the NJSEM's Bylaws and to deliver same to
the Executive Director of the NJSEM.

Proposed
Ordinance No. 2011-01 was read for a first reading as follows: (Copy
attached)

ORDINANCE NO. 2011-01

ORDINANCE AMENDING CHAPTER 190-48 SCHEDULE XVI OF CODE OF THE

BOROUGH
OF KENILWORTH – Left Turn Prohibited Entering or Exiting the Harding
School Student Drop-Off Loop from the Boulevard

Council
Meeting – February 9, 2011
Page 8

Mayor Fiamingo stated this is a first reading on an ordinance
prohibiting left turns into or out of the Harding School parking loop
because it causes difficulty with back-ups and is a recommendation from
the Police Department. The second reading will be on March 9, 2011
at which time the public is invited to speak.

RESOLUTION NO. 9

Introduced by Scott Klinder, adoption moved by same.

Seconded by Sal Candarella

Be It Hereby Resolved: That Proposed Ordinance No. 2011-01,
be and the same is hereby passed on first reading and ordered published
for final hearing on March 9, 2011.

Roll Call: All in favor

Motion
was made by Councilman Pugliese, seconded by Councilman Candarella to
open the meeting to the public. All in favor.

MEETING
OPEN TO THE PUBLIC

John
Bury, 417 North 15th Street – Mr. Bury said it was in the
paper a couple of days ago that the Union County Utility Authority has
asked 14 communities to sign on to a 45 year extension of an incineration
lease and it lists eight towns that have signed up including Kenilworth
and he asked if it was true that Kenilworth signed up and he asked what
was the rational for signing up for 45 years? Mr. Bury said it was
supposed to be a 276 million dollar savings over 45 years.

The
Mayor said there was an immediate savings of almost one third and that
Kenilworth stayed out of the Utility Authority for a while but we were
paying a much higher fee than anyone who was in the authority and that
signing up to get the lower cost was the right way to go. Mr. Bury asked
if there were other options and the Mayor said no, other than to pay
the outside cost. .

Mr.
Bury asked how is the Adult Basketball situation going and the Mayor
said unfortunately Councilman Leary had a death in the family and is
not here tonight but the Mayor said she will ask Pat Boyle is get in
touch with him.

Mr.
Vanek, 642 Fairfield Avenue - Mr. Vanek asked what the current status
is on the proposed cell phone tower to be built on the Garden State
Parkway and really on Fairfield Avenue and what actions has the Borough
taken so far and what actions will the Borough take if the Turnpike
Authority continues to persist? The Mayor said when they first learned
of the Turnpikes plan we had
our Planner and our Engineer attend the meeting. She said unfortunately
because the Turnpike does not have a very effective notification system,
residents did not know about the hearing and were not present. The Mayor
said she wrote a Council Meeting – February 9, 2011
Page 9 very strong letter of opposition to the Department of Transportation
as well as notifying the residents. She said it was very effective that
Mr. Vanek got all the residents organized with all the “NO CELL TOWER”
signs. She said the Council passed a Resolution opposing the cell tower
and sent it to anyone in a position of power including the Governor,
Assemblyman Cryan, Assemblywoman Quijano, Senator Lesniak, Assemblyman
Bramnick, Assemblywoman Munoz and Senator Kean because they are in this
area and it was also going to effect them. She said she received a
call from the Department of Transportation acknowledging the deluge
of resident’s complaints as well as our correspondence and our Resolution
and they assured her they were looking into alternatives. She said
at this point they have the cell on wheels, which they call the cow.
It is located down the stretch on the Parkway and they were getting
the Utility Company to see if they could permanently affix it there.
She said because of the snow and weather they have not been able
to
make that happen. She said in the meantime she is keeping on it and
will keep on questioning them and will not let it go. She has been
assured that nothing would occur without notifying her but she would
like that to be a little more firm. She said she can’t tell what she
will do if they try to proceed but she knows she would take very significant
actions to try and stop it. She said she has made it very clear in
all her correspondence that this cannot happen. She said she is very
strongly opposed to it and will take whatever action she can to oppose
it. She said she has the support of all the elected officials and she
will keep Mr. Vanek informed. Mr. Vanek said they are still trying
to sell their ideas to the residents.

Joe
Grimaldi, 34 North 14th Street – Mr. Grimaldi asked if the
Borough is looking to put the cell tower in Kenilworth or are they looking
to prevent the cell tower from coming into Kenilworth? The Mayor said
for years there has been a temporary cell tower down the Parkway between
here and Cranford and there is a proposal pending from the Department
of Transportation to move that and make it permanent in an area that
would be in the backyards of the residents of Fairfield but on the Parkway
property and we are opposing that. Mr. Grimaldi suggested the cell phone
be placed by the Kenilworth Hotel sign or at the Water Tower. He said
the water tower has a fence around it and it has a camera. The Mayor
said we don’t have anything to do with where it goes because it is up
to the Parkway.

She
said the way it was explained to her was that these things make a lot
of money and the DOT wants to put it on the Parkway because they want
to collect the revenues, if it goes on the Kenilworth Inn or the Water
Tower then the Parkway does not get that money. She said she does not
care how much money they make because they are not going to reduce the
tolls and Kenilworth is not going to get any money off of it.

Mr.
Vanek said for the record they don’t really make much money, it is only
$40,000.00 a year. He said we could probably get the residents to chip
in to not have the cell tower.

Motion
was made by Councilman Joho seconded by Councilman Pugliese to close
the meeting to the public. All in favor.

GENERAL
BUSINESS

Mayor
Fiamingo reported the Work Shop Meeting will be moved from February
22nd to February 21st because there is a conflict
with some of the members. She said although Borough Hall is closed
on February 21st for Presidents Day, the Clerk is willing
to come in and take the minutes.

Council
Meeting – February 9, 2011
Page 10

The
Mayor said she went to the Kick-off Meeting for Relay For Life last
week. She said this is a fundraiser for the American Cancer Society
and basically it is an overnight marathon held at the high school on
June 4th and 5th . She said if you go on the
web site www.relayforlife.org/kenilworth
you will see what the event is all about and you can sign up and put
a team together. She said you get sponsors and someone from your team
is supposed to be walking the track at all times. She said it’s going
to be a lot of fun and it will be a challenge to see the team that makes
the most money. She said on February 28th at 7:30 at the
Recreation Center there will be a meeting for team captains. She said
she hopes as a Community we can come together, put together a bunch
of teams and raise a lot of money for cancer research. She said she
doesn’t think there is anyone whose lives have not been affected or
touched by cancer and if we can just do just our little bit to fight
this disease it will be worthwhile.

Mayor
Fiamingo thanked John Hathaway and wished him well. She said he has
been a superb gentleman for the Handyman Program. She said the program
will continue.

The
Mayor said this September 11th will be the Tenth Anniversary
of the tragedy and we would like to put together not only a moving memorial
service, but perhaps have a better monument. She said she will be announcing
plans in the coming months as to making the PBA monument that is out
front a little bit more noticeable and to recognize the three individuals
from ourcommunity that lost
their lives that day.

Mayor
Fiamingo reminded everyone that on Tuesday, March 1, 2011 from 6:00
pm to 8:00 pm the Kenilworth Historical Society will be having it’s
very popular “Soups On” event at the Senior Center. She said you get
to sample wonderful soups, including soups made by people we know and
love and it is for a good cause. She said it is only $10.00 and you
get 6 or 7 soup tastings, bread and it is a lot of fun.

Councilman
Candarella said the Barbeque Place on the Boulevard has reopened and
there is a new Barber Shop and it is good to see businesses opening
up in our town and if you are going out to dinner or getting a haircut
you can frequent the new shops in town.

ADJOURNMENT

There
being no further business to come before the Council, it was moved by
Councilman Candarella, seconded by Councilman Pugliese and carried,
that the meeting be adjourned to the call of the chair.